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(a) No person, for the purpose of enabling a juvenile to obtain any material or gain admission to any performance which is harmful to juveniles, shall do either of the following:
(1) Falsely represent that he or she is the parent, guardian or spouse of such juvenile;
(2) Furnish such juvenile with any identification or document purporting to show that such juvenile is eighteen years of age or over or married.
(b) No juvenile, for the purpose of obtaining any material or gaining admission to any performance which is harmful to juveniles, shall do either of the following:
(1) Falsely represent that he or she is eighteen years of age or over or married;
(2) Exhibit any identification or document purporting to show that he or she is eighteen years of age or over or married.
(c) Whoever violates any of the provisions of this section is guilty of deception to obtain matter harmful to juveniles, a misdemeanor of the second degree, and shall be subject to the penalty provided in Section 698.02. A juvenile who violates subsection (b) hereof shall be adjudged an unruly child, with such disposition of the case as may be appropriate under Ohio R.C. Chapter 2151. (ORC 2907.33)
(a) No person, while operating or participating in the operation of a motor vehicle, motorcycle, snowmobile, locomotive, watercraft, or aircraft, shall cause the death of another or the unlawful termination of another’s pregnancy in any of the following ways:
(1) Negligently;
(2) As the proximate result of committing a violation of any provision of any section contained in Title XLV of the Ohio Revised Code that is a minor misdemeanor or of a municipal ordinance that, regardless of the penalty set by ordinance for the violation, is substantially equivalent to any provision of any section contained in Title XLV of the Ohio Revised Code that is a minor misdemeanor.
(b) (1) A. Whoever violates subsection (a)(1) of this section is guilty of vehicular homicide. Except as otherwise provided in this subsection, vehicular homicide is a misdemeanor of the first degree. Vehicular homicide is a felony and shall be prosecuted under appropriate State law if, at the time of the offense, the offender was driving under a suspension or revocation imposed under Ohio R.C. Chapter 4507 or any other provision of the Ohio Revised Code or if the offender previously has been convicted of or pleaded guilty to a violation of this section or any traffic-related homicide, manslaughter or assault offense.
B. In addition to any other sanctions imposed pursuant to subsection (b)(1)A. hereof, the court shall impose upon the offender a class four suspension of the offender’s driver’s license, commercial driver’s license, temporary instruction permit, probationary license, or nonresident operating privilege from the range specified in division (A)(4) of Ohio R.C. 4510.02 or, if the offender previously has been convicted of or pleaded guilty to a violation of this section or any traffic-related homicide, manslaughter, or assault offense, a class three suspension of the offender’s driver’s license, commercial driver’s license, temporary instruction permit, probationary license, or nonresident operating privilege from the range specified in division (A)(3) of that section.
(2) A. Whoever violates subsection (a)(2) of this section is guilty of vehicular manslaughter. Except as otherwise provided in this subsection, vehicular manslaughter is a misdemeanor of the second degree. Vehicular manslaughter is a misdemeanor of the first degree if, at the time of the offense, the offender was driving under a suspension imposed under Ohio R.C. Chapter 4510 or any other provision of the Ohio Revised Code or if the offender previously has been convicted of or pleaded guilty to a violation of this section or any traffic-related homicide, manslaughter, or assault offense.
B. In addition to any other sanctions imposed pursuant to subsection (b)(2)A. hereof, the court shall impose upon the offender a class six suspension of the offender’s driver’s license, commercial driver’s license, temporary instruction permit, probationary license, or nonresident operating privilege from the range specified in division (A)(6) of Ohio R.C. 4510.02 or, if the offender previously has been convicted of or pleaded guilty to a violation of this section or any traffic-related homicide, manslaughter, or assault offense, a class four suspension of the offender’s driver’s license, commercial driver’s license, temporary instruction permit, probationary license, or nonresident operating privilege from the range specified in division (A)(4) of that section.
(c) The court shall impose a mandatory prison term on an offender who is convicted of or pleads guilty to a violation of subsection (a)(1) hereof if either of the following applies:
(1) The offender previously has been convicted of or pleaded guilty to a violation of this section or Ohio R.C. 2903.06 or 2903.08.
(2) At the time of the offense, the offender was driving under suspension under Ohio R.C. Chapter 4510 or any other provision of the Ohio Revised Code.
(d) As used in this section:
(1) “Mandatory prison term” has the same meaning as in Ohio R.C. 2929.01.
(2) “Traffic-related homicide, manslaughter or assault offense” means a violation of Ohio R.C. 2903.04 in circumstances in which division (D) of that section applies, a violation of Ohio R.C. 2903.06 or 2903.08, or a violation of Ohio R.C. 2903.06, 2903.07 or 2903.08 as they existed prior to March 23, 2000.
(e) For the purposes of this section, when a penalty or suspension is enhanced because of a prior or current violation of a specified law or a prior or current specified offense, the reference to the violation of the specified law or the specified offense includes any violation of any substantially equivalent municipal ordinance, former law of this State, or current or former law of another state or the United States. (ORC 2903.06)
(f) The court imposing a sentence upon an offender for any violation of this section or Ohio R.C. 2903.06 also shall impose a suspension of the offender’s driver’s license, commercial driver’s license, temporary instruction permit, probationary license, or nonresident operating privilege from the range specified in division (B) of Ohio R.C. 4510.02 that is equivalent in length to the suspension required for a violation of Ohio R.C. 2903.06 under similar circumstances.
(ORC 4510.07)
(a) Without limitation on the persons otherwise entitled to bring an action for a declaratory judgment pursuant to Ohio R.C. Chapter 2721, involving the same issue, the following persons have standing to bring a declaratory judgment action to determine whether particular materials or performances are obscene or harmful to juveniles:
(1) The chief legal officer of the Municipality if and when there is reasonable cause to believe that Section 666.11 is being or is about to be violated;
(2) Any person who, pursuant to Section 666.15(b), has received notice in writing from the chief legal officer stating that particular materials or performances are obscene or harmful to juveniles.
(b) Any party to an action for a declaratory judgment pursuant to subsection (a) hereof is entitled, upon the party's request, to trial on the merits within five days after joinder of the issues, and the court shall render judgment within five days after trial is concluded.
(c) An action for a declaratory judgment pursuant to subsection (a) hereof shall not be brought during the pendency of any civil action or criminal prosecution when the character of the particular materials or performances involved is at issue in the pending case, and either of the following applies:
(1) Either of the parties to the action for a declaratory judgment is a party to the pending case;
(2) A judgment in the pending case will necessarily constitute res judicata as to the character of the materials or performances involved.
(d) A civil action or criminal prosecution in which the character of particular materials or performances is at issue, brought during the pendency of an action for a declaratory judgment involving the same issue, shall be stayed during the pendency of the action for a declaratory judgment.
(e) The fact that a violation of Section 666.11 occurs prior to a judicial determination of the character of the material or performance involved in the violation, does not relieve the offender of criminal liability for the violation, even though prosecution may be stayed pending the judicial determination.
(ORC 2907.36)
(a) Where it appears that Section 666.11 is being or about to be violated, the chief legal officer of the Municipality, when the violation is taking place or is about to take place, may bring an action to enjoin the violation. The defendant, upon his or her request, is entitled to trial on the merits within five days after joinder of the issues, and the court shall render judgment within five days after trial is concluded.
(b) Premises used or occupied for repeated violations of Section 666.11 constitute a nuisance subject to abatement pursuant to Ohio R.C. 3767.01 to 3767.99. (ORC 2907.37)
(a) As used in this section:
(1) "Adult cabaret" means a commercial establishment that features persons who appear in a state of semi-nudity and that is intended to arouse or gratify the sexual desires of the operator, entertainer, employee or customer, including exotic dancers, strippers, male or female impersonators, semi-nude waiters, waitresses or bartenders, or similar entertainers.
(2) "Employee" means a person who performs any service or work on the premises of an adult cabaret, including, but not limited to, providing entertainment, performing work of a management or supervisory nature, or performing support functions, on a full-time, part-time or contract basis, whether or not the person is denominated an employee, independent contractor, agent or otherwise, and whether or not such person is paid a salary, wage or other compensation by the operator of such business. "Employee" does not include a person on the premises exclusively for the repair or maintenance of the premises or equipment on the premises, or for the delivery of goods to the premises.
(3) "Nude" or "nudity" means exposing to view the human male or female genitals or pubic area with less than a fully opaque covering, the showing of the female breast below a point immediately above the top of the areola with less than a fully opaque covering of the areola and nipple, or the showing of the covered male genitals in a discernibly turgid state. "Covering" means any clothing or wearing apparel, including pasties, but does not include any substance that can be washed off the skin, such as paint or make-up, or any substance designed to simulate the appearance of the anatomical area beneath it.
(4) "Semi-nude" or "semi-nudity" means exposing to view, with less than a fully opaque covering, any portion of the human female breast below the top of the areola or any portion of the buttocks. This definition shall include the entire lower portion of the female breast, but shall not include any portion of the cleavage of the female breast exhibited by a dress, blouse, shirt, leotard, bathing suit or other clothing, provided that the areola is not exposed in whole or in part.
(b) No person shall knowingly or intentionally in an adult cabaret:
(1) Engage in sexual intercourse;
(2) Appear in a state of nudity in view of others;
(3) Fondle his or her own genitals in view of others; or
(4) Fondle the genitals of another person, or permit another person to fondle his or her genitals.
(Ord. 98-15. Passed 3-6-98.)
(c) No employee of an adult cabaret shall, while such employee is in a state of semi-nudity, knowingly or intentionally, initiate any physical contact with a customer of such adult cabaret, or permit a customer of such adult cabaret to have any physical contact with such employee.
No customer of an adult cabaret shall knowingly or intentionally initiate any physical contact with an employee of an adult cabaret while such employee is in a state of semi-nudity, or permit an employee of an adult cabaret, while such employee is in a state of semi-nudity, to have any physical contact with such customer.
This subsection (c) shall not prohibit an employee or a customer from taking such action as is necessary to repel physical contact, nor shall it prohibit an employee or customer from initiating or permitting such contact as is necessary to protect the health or safety of any person.
(d) Any employee appearing on the premisses of an adult cabaret in a state of semi-nudity must be on a stage that is:
(1) At least twenty-four inches above floor level; and
(2) Removed at least six feet from the nearest other employee and/or customer. (Ord. 98-26. Passed 5-4-98.)
(e) No person shall be an employee at an adult cabaret:
(1) Who is not at least eighteen years of age;
(2) Who, within the past three years, has been convicted of a felony; or
(3) Who, within the past three years, has been convicted of prostitution, procuring, pandering obscenity, a violation of this section or any other crime of a sexual nature.
(f) No person under the age of eighteen years shall be permitted on the premises of an adult cabaret. To ensure that there is no violation of this subsection, there shall at all times during the hours that such adult cabaret is open for business be stationed at each entrance to the adult cabaret an employee who shall require of each person seeking admittance two identification documents. At least one of the identification documents must be either a current driver's license or a State-issued identification card, and, in either case, must contain the full name, birth date and photograph of the holder.
(Ord. 98-15. Passed 3-6-98.)
(g) No person who operates an adult cabaret shall intentionally, knowingly or recklessly violate or permit a violation of any of the provisions of this section. As used herein, a person shall be deemed to operate an adult cabaret if such person manages, controls or holds primary responsibility for the operation of such adult cabaret.
(Ord. 98-26. Passed 5-4-98.)
(h) Whoever violates any of the provisions of this section is guilty of a misdemeanor of the third degree and shall be subject to the penalty provided in Section 698.02.
(Ord. 98-15. Passed 3-6-98.)
(a) No person, by means of a statement, solicitation, or offer in a print or electronic publication, sign, placard, storefront display, or other medium, shall advertise massage, relaxation massage, any other massage technique or method, or any related service, with the suggestion or promise of sexual activity.
(b) Whoever violates this section is guilty of unlawful advertising of massage, a misdemeanor of the first degree.
(c) Nothing in this section prevents the legislative authority of a municipal corporation or township from enacting any regulation of the advertising of massage further than and in addition to the provisions of subsections (a) and (b) of this section.
(ORC 2927.17)
(a) As used in this section:
(1) “Cable service provider.” Has the same meaning as in R.C. § 1332.01.
(2) “Direct-to-home satellite service.” Has the meaning defined in 47 U.S.C. § 303, as amended.
(3) “Disseminate.” Means to post, distribute, or publish on a computer device, computer network, web site, or other electronic device or medium of communication.
(4) “Image.” Means a photograph, film, videotape, digital recording, or other depiction or portrayal of a person.
(5) “Interactive computer service.” Has the meaning defined in the “Telecommunications Act of 1996”, 47 U.S.C. § 230, as amended.
(6) “Internet provider.” Means a provider of internet service, including all of the following:
A. Broadband service, however defined or classified by the Federal Communications Commission;
B. Information service or telecommunications service, both as defined in the “Telecommunications Act of 1996”, 47 U.S.C. § 153, as amended;
C. Internet protocol-enabled services, as defined in R.C. § 4927.01.
(7) “Mobile service.” Has the meaning defined in 47 U.S.C. § 153, as amended.
(8) “Sexual act.” Means any of the following:
A. Sexual activity;
B. Masturbation;
C. An act involving a bodily substance that is performed for the purpose of sexual arousal or gratification;
D. Sado- masochistic abuse.
(9) “Telecommunications carrier.” Has the meaning defined in 47 U.S.C. § 153, as amended.
(10) “Video service provider.” Has the same meaning as in R.C. § 1332.21.
(b) No person shall knowingly disseminate an image of another person if all of the following apply:
(1) The person in the image is 18 years of age or older.
(2) The person in the image can be identified from the image itself or from information displayed in connection with the image and the offender supplied the identifying information.
(3) The person in the image is in a state of nudity or is engaged in a sexual act.
(4) The image is disseminated without consent from the person in the image.
(5) The image is disseminated with intent to harm the person in the image.
(c) This section does not prohibit the dissemination of an image if any of the following apply:
(1) The image is disseminated for the purpose of a criminal investigation that is otherwise lawful.
(2) The image is disseminated for the purpose of, or in connection with, the reporting of unlawful conduct.
(3) The image is part of a news report or commentary or an artistic or expressive work, such as a performance, work of art, literary work, theatrical work, musical work, motion picture, film, or audiovisual work.
(4) The image is disseminated by a law enforcement officer, or a corrections officer or guard in a detention facility, acting within the scope of the person’s official duties.
(5) The image is disseminated for another lawful public purpose.
(6) The person in the image is knowingly and willingly in a state of nudity or engaged in a sexual act and is knowingly and willingly in a location in which the person does not have a reasonable expectation of privacy.
(7) The image is disseminated for the purpose of medical treatment or examination.
(d) The following entities are not liable for a violation of this section solely as a result of an image or other information provided by another person:
(1) A provider of interactive computer service;
(2) A mobile service;
(3) A telecommunications carrier;
(4) An internet provider;
(5) A cable service provider;
(6) A direct-to-home satellite service;
(7) A video service provider.
(e) Any conduct that is a violation of this section and any other section of this Code or the Ohio Revised Code may be prosecuted under this section, the other section, or both sections.
(f) (1) A. Except as otherwise provided in division (f)(1)B., (f)(1)C., or (f)(1)D. of this section, whoever violates this section is guilty of nonconsensual dissemination of private sexual images, a misdemeanor of the third degree.
B. If the offender previously has been convicted of or pleaded guilty to a violation of this section or any substantially equivalent state or local law, nonconsensual dissemination of private sexual images is a misdemeanor of the second degree.
C. If the offender previously has been convicted of or pleaded guilty to two or more violations of this section or any substantially equivalent state or local law, nonconsensual dissemination of private sexual images is a misdemeanor of the first degree.
D. If the offender is under 18 years of age and the person in the image is not more than five years older than the offender, the offender shall not be prosecuted under this section.
(2) In addition to any other penalty or disposition authorized or required by law, the court may order any person who is convicted of a violation of this section or who is adjudicated delinquent by reason of a violation of this section to criminally forfeit all of the following property to the state under R.C. Chapter 2981:
A. Any profits or proceeds and any property the person has acquired or maintained in violation of this section that the sentencing court determines to have been acquired or maintained as a result of the violation;
B. Any interest in, securities of, claim against, or property or contractual right of any kind affording a source of influence over any enterprise that the person has established, operated, controlled, or conducted in violation of this section that the sentencing court determines to have been acquired or maintained as a result of the violation.
(g) A victim of a violation of this section may commence a civil cause of action against the offender, as described in R.C. § 2307.66.
(R.C. § 2917.211)